11. The Hakeburg was never transferred from the assets of the SED to the special assets of the FDR

From 1945 to 1990, too, the Hakeburg was the property of the German Reich and was never added to the assets of the East German Communist Party SED. A transfer of ownership to the Federal Republic of Germany in this way never happened, it also would be legally impossible.

Reasons:

In the former GDR the Hakeburg had been declared Public Property. By this, the Soviet occupational forces did not grant the German authorities any competence in respect to the ownership and the use of the Hakeburg. Rather, the property was handed in trust to an administrative company.

Document 07 [transcript]

Transfer of Property of September 5, 1946

[résumé of the text: Transfer of ownership of the property of the former German Reichspost at Kleinmachnow (park, castle and research institute) in the land registry at the district court Teltow of Kleinmachnow Volume 194, Page 4537 and Volume 6, Page 126, to the Fundament Gesellschaft für Grundbesitz mbH at Berlin. ‘Fundament’ administers in trust the real estate rights of the SED.] (Confirmed) According to order of May 25, 1946, No. 170 of the (Soviet) Military Commander of the district Teltow (Major Kusniezow). [#1, #2, #3]

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Document 08 [transcript]
Land registry Kleinmachnow, old version, of November 19, 1948

Owner:
Entry (1), Nos. 1–9: Public Property
Basis for the entry:
‘Was transferred on page 126 to Public Property, according to the by-law of August 5, 1946 by the decisions passed by the Commission for Sequestration and Confiscation. On request by the Teltow District Council at Machnow from October 4, 1948, here entered on November 19, 1948. Signed Lockhoff Schmidt’

[#1] of May 9, 1949
First Section, Nos. 1–9
Entry (2) Nos. 1, 3, 4, 5, 7, 9 (without 2 and 8)
Owner:
‘Fundament Gesellschaft für Grundbesitz mbH at Berlin’
Basis for the entry:
Entered here on May 9, 1949, based on the decision by the State Government Brandenburg, Minister of the Interior, Office for the Protection of Public Property, of April 14, 1949, owner ‘Fundament Gesellschaft für Grundbesitz mbH’, Berlin.

And:
August 2, 1974, entry (3), name change, now:
‘Organisationseigener Betrieb Fundament in Berlin’
Basis for the entry:
Following Instruction No. 158/74 by the Minister of the Interior and Chief of the German People’s Police Force on May 24, 1974, entered on August 2, 1974.
[#2]

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